Kirkpatrick v. Chappell, No. 14-99001 (6-13-19)(Bea w/Wardlaw & Christen). The 9^th affirmed the denial of a capital habeas. The case presented a convoluted procedural history, where the petitioner waived claims, and issues of petitioner’s competency were raised. At the original panel hearing the case had Reinhardt and Kozinski. In this opinion, the 9^th held that aggravating evidence that the petitioner had threatened a neighbor and even poisoned dogs did not have a substantial or injurious effect on the jury’s decision. The 9^th additionally held that petitioner failed to present clear and convincing evidence that rebutted the California Supreme Court’s finding that petitioner waived his state habeas exhaustion petition.

Hard fought appeal by Patricia Young and Mark Drozdowski, Deputy FPDs, FPD Cal Central (Los Angeles).

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/06/13/14-99001.pdf